There appears to be a growing consensus that promises not to tell (in the lawyer/client context at least) should have a statutory foundation. @StephenMayson is currently leading the regulators' review of legislative options for legal services regulation and I wonder whether a statutory right of legal professional privilege might form part of the same legislative program.
Responding to the government's consultation on new property interference and interception of communications codes of practice, the president of the Law Society, Andrew Caplen, said that the potential for surveillance of lawyer-client communications could have a chilling effect. 'Suspecting that you cannot speak to your lawyer candidly or advise your client confidentially is corrosive of the entire legal process.' He continued: 'The Law Society has long called for review and reform of the legislative framework for surveillance in the UK and for statutory guarantees recognising the importance of client-lawyer confidentiality.